1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On October 2, 2014, the Plaintiff asserted that the Plaintiff lent KRW 50,00,000 to Busan on a monthly interest rate of KRW 50,00,000,00 to Busan on April 2, 2005, and the Defendant guaranteed the above loan obligations. The Defendant agreed to repay KRW 40,000,000 to the Plaintiff by December 31, 2006 on behalf of Busan upon the Plaintiff’s default of payment. The Defendant is obligated to pay to the Plaintiff 5% interest per annum from January 1, 2007 to the delivery date of a copy of the complaint of this case, and 20% interest per annum from the next day to the date of full payment.

2. During the process of promoting sand business in cooperation between D Co., Ltd. operated by the Plaintiff and E Co., Ltd. operated by the Defendant as the representative director, E borrowed money from the Plaintiff through the Plaintiff, but the business was incurred due to the failure to proceed with the business. Since then, it is merely a signature or a seal affixed to the Plaintiff’s intent to request the Plaintiff to sign and sign a letter of payment, and even if the liability under the foregoing letter of payment was established, the period of extinctive prescription for commercial matters expired.

3. Claims arising from acts of both parties to the judgment are commercial claims to which the extinctive prescription period of five years under Article 64 of the Commercial Act applies to claims arising from acts of both parties as well as claims arising from acts of commercial activity. Such commercial activities include not only fundamental commercial activities falling under any of the subparagraphs of Article 46 of the Commercial Act but also ancillary commercial activities carried on by merchants for business (see Supreme Court Decision 2009Da10098, Mar. 11, 2010). The acts of merchants whose identity is not certain for business purposes are presumed to have been carried on for business purposes pursuant to Article 47(2) of the Commercial Act. The amount claimed by the Plaintiff in full view of the purport of the entire pleadings as stated in the evidence No. 1.